Читать книгу The Church of Grasmere: A History - Armitt Mary L. - Страница 10

PART II
SOME LEGAL ASPECTS OF THE CHURCH

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Thus for worship did the folk gather in the church. They came thither also to bury their dead within consecrated soil – for baptism of their "barnes" by the priest, and the binding of man and woman in holy matrimony. But the edifice and the enclosed space about it served in early times not only for purposes of religion, but of the law. Like the Roman Forum, it was used for the transaction of public business and the administration of justice. Bargains were ratified, covenants were witnessed, and protestations made solemn by an oath taken upon the Holy Gospel where it lay upon the altar – once a wonderful script illuminated and jewelled, that is now represented by the dirty little Testament of the Law Courts. Manor Courts and legal enquiries or inquests were frequently held within it. Public notices that concerned the townships – private ones even of auctions and the like – were proclaimed before the assembled people in the garth or the porch, if not in the building itself. Punishments for moral offences were carried out in face of the congregation.41

The priests and the clergy acted as legal agents for the unlettered folk till comparatively recent times. They were versed in the intricacies of law, as well as ritual, and skilled in penmanship and the Latin tongue. The higher of them are found acting as agents and accountants for the holders of the fees into which the barony became split, as documents which concern our parish show.

Frequently the chaplain or the village priest drew up indentures, petitions, and secular agreements for the living, as well as the testaments of the dying. Wills were proved at the church registry of the diocese, and were stored there. The wills of the parish of Grasmere went to the town of Richmond, the centre of the archdeaconry; and not until 1719 were they proved at the secular courts of Kendal and Lancaster.42

Instances of the use of the church fabric for secular purposes in the neighbourhood may be quoted. A Court Roll of 1443 is headed "Court of Wynandremere held at the church of Wynandremere 9 July 21 Henry VI."43 An award concerning a private dispute in 1534 between George Browne of Troutbeck and Myles Dickson of Applethwaite decrees that the former pay to the latter "upon the secunde sonday in lente next comynge O-XLs of able ynglyshe money upon or. layde Alter in Wyndandermer church betwixe VIII of the clock and XII of the said sonday."44 Again, an indenture made 1571 between Mr. John Benson and his Baisbrowne tenants stipulates that the payment of certain moneys should be made "in langdaill chappell betweene thoures of eyght of the clock at aftr. noine" on the 1st of August in the two ensuing years.45 In 1601, when Widow Agnes Fleming of Rydal Hall with her sons sued a Penrith man for debt, the commissioners sat and examined witnesses in Ambleside Chapel.46 And within this building were probably taken down depositions in several other cases.

As regards Grasmere itself record is scant. The manorial courts were occasionally held in the Moot Hall of Kirkby Kendal, as in 1603,47 but in early times it would be impossible to summon the holders from so far; and it is stated in 1436 that two courts were yearly held in Grasmere.48 No other building than the church could have contained this official gathering. The judgment on the 1583 tithe dispute enjoined that the parishioners were to pay their tithe of lambs in money every Easter "in the parish church of Gresmier." The church or chapel was as a rule the schoolroom where the priest taught.

The churchyard, even more than the church itself, had its secular and popular uses, which came down from ancient time. The fairs, the markets, the sports and the wrestlings49 which took place within its enclosing walls, and of which we obtain faint intimations, were but the survival of the festivals sanctioned by the early church, when the wake, or fair of the patron saint was kept. This again, with its bull-baiting, its rude sports and its temporary stalls, may be linked on to the earlier rites of heathen times, when beasts were brought to the Temple for sacrifice, and when the people built booths about it, in which to hold a three days' feast. The annual or biennial fair, and even the Sunday market, were quite usual in the churchyard, before the boroughs obtained a special privilege for them. And though an express statute in 1285 forbade the practice, neither this nor the later injunction of the Church were heeded. In 1300 the town of Cockermouth complained that its market was spoilt by the bartering carried on at Crosthwaite Church, where not only flesh and fish were sold at festivals (and this distinctly smacks of an ancient sacrificial practice); but that corn, linen, cloth and other commodities were conveyed thither every Sunday for barter. In 1380 the town of Appleby was suffering from a like cause. Merchants were carrying their goods to sell in the churchyards of the surrounding district on Sundays, to the detriment of the accredited market.50 If this was done in other places of the district, it was certainly done at Grasmere, for the market town of Kendal was sixteen miles distant on a road often impassable.51

It was not until the seventeenth century that markets were established in the neighbouring towns of Hawkshead and Ambleside, after Grasmere had in vain attempted to secure the privilege.52

A good deal of informal business besides was conducted in the churchyard, such as sales proposed or private bargains struck. Of proclamations and sale notices made within the church or garth we have abundant evidence; and for these the clerk received generally a fee of 2d. No doubt the "citation" we hear of for tithe wool due to Squire John Fleming (1631) was made at the church. The prohibition against cutting wood in Bainrigg (1768) which the Rev. J. Wilson suggested should "be given at our church of sunday" and which was to deprive the holder of his winter fuel, has been preserved.53 In recent times, according to Edward Wilson, the notices were given out by the clerk in the yard, outside the so-called men's or western door.

The officers of the townships transacted business at church; and the notices still hung in church porches are a survival of the custom. The overseers of the poor worked in fact in close connection with the wardens; and the latter were responsible for some county rates which are found entered in their accounts, such as (1708) "To the Jaylor at Appleby" and "Prisoner Money." The Overseers' books for Rydal and Loughrigg show that when they failed to board a pauper within their township, they paid to the clerk 2d. "for advertising her to let."

The constable (and there was one for each township) had a far older connection with the parish church. He caused meetings for his division to be proclaimed at the church. Among the miscellaneous duties which he still performed in late times was payment for the slaughter of harmful beasts and birds. The heads of these were hung, we are told, on the church gates as visible proof; and Stockdale, writing in 1872,54 says that he has seen them so exposed both at Cartmel and Hawkshead. The same practice no doubt prevailed at Grasmere. The constable's books for Rydal and Loughrigg record 4d. as the price usually given for a raven's head, and 3s. 4d. for that of a fox. In 1786, 5s. 0d. was paid "for one old Fox and two young ones." Ravens were frequently entered, and as the payments went to William Parke, we must suppose them to have been taken on the precipice of Nab Scar. Five were paid for in 1787, and twelve in 1790. These would decorate the Rydal and Loughrigg gate. Two foxes were paid for in 1793.

41

We have no evidence of this to show for Grasmere Church. But in 1622 "Sir" Richard Pearson, curate of Troutbeck, was empowered by the rector of Windermere to publicly revoke the sentence of excommunication under which one Adam Birkhead lay. An edict was issued from the registry of the Archdeaconry of Richmondshire as late as 1715, citing a form of penance to be gone through by George Birkett, who before the congregation of Troutbeck, and in "penitential habit," was to confess his grievous sin of incest with his deceased wife's sister. An additional note, however, empowered Mr. Barton, rector of Windermere, and Mr. Grisedale, curate, to use their discretion as to the manner of confession, and to allow the sinner, if properly penitent, to make it "in his Ordinary apparell" (Browne MSS.). It may have been the dislike of public penance, with its peculiar habit, that caused the churchwardens of Grasmere so often, and so incorrectly, to return a clean bill of morality in their Presentments.

42

Wills and Inventories of the Archdeaconry of Richmondshire (Rev. J. Raine). The privilege of probate was withdrawn finally from ecclesiastical courts by Act of 1857 (Dr. Cox's History of Parish Registers).

43

Public Record Office Court Roll 207/122.

44

Browne MSS.

45

Rydal Hall MSS.

46

Rydal Hall MSS.

47

Public Record Office Court Roll 207/111.

48

Church inquisition post mortem, Henry VI., No. 36.

49

See Coulton's Chaucer and his England, where miracle-plays and dances are added to the list.

50

Calendar Patent Rolls, 4 Richard II., p. 1.

51

Browne MSS.

52

Rydal Hall MSS.

53

Rydal Hall MSS.

54

Annales Caermoelensis.

The Church of Grasmere: A History

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